Do I need a lawyer FMLA/Workmans Compensation?

Injured on job.WC acceplance of claim. FMLA verbally requested to stop. 4 months later HR said FMLA exhausted. Not notified FMLA being used. Light duty before and after surgery.HR notifed WC they filled position. WC told worker position filled. light duty still going on Cannot get an answer from employer if termination or laid off or what is going on.

Bowman, ND -

Attorney Answers (1)

Darrel S Jackson

Darrel S Jackson

Employment / Labor Attorney - Scottsdale, AZ

Regarding the FMLA issue, an employee doesn't have the ability to tell an employer to stop FMLA protection. If you were absences from work were protected under the FMLA, then your employer has a obligation to apply that protection. It's not something that you get to control.

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